Risk Assessment in a Changing Climate: Legal Requirements and Best Practices
When I started my career in health and safety management the term risk assessment was not used as frequently as nowadays, although it was a familiar term to those working in high-risk environments.
The principles of risk assessment however, had been enshrined in law by the introduction of the Heath & Safety at Work Act in 1974 which required employers to ensure ‘the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health”.
These safe systems of work implied that employers needed to consider writing down a detailed step-by-step approach that considers the people, equipment, and materials involved in a process. It was another 26 years before the term risk assessment appeared in the Management Regulations.
Legal Requirements
Risk Assessments are today a crucial component of workplace safety and health management in an ever changing workplace and climate.
They are not only a legal requirement but also a fundamental best practice that helps organisations identify potential hazards, evaluate risks, avoid risks or implement appropriate control measures.
The primary legislation governing risk assessments in the UK is the Management of Health & Safety at Work Regulations. Information regarding these regulations along with other legal requirements can be found on the Arinite Health & Safety legislation page.
The Management Regulations which became law in 1999, require all employers and self-employed individuals to assess the risks to the health and safety of their employees and others who may be affected by their work activities.
The key legal requirements include:
Conducting risk assessments: Employers must carry out "suitable and sufficient" risk assessments of all work activities.
Recording findings: Organisations with five or more employees must record the significant findings of their risk assessments.
Implementing control measures: Employers must implement appropriate control measures to eliminate or reduce risks to an acceptable level.
Informing employees: Workers must be informed about the risks identified and the measures taken to control them.
Reviewing and updating: Risk assessments must be reviewed regularly and updated, when necessary, particularly when there are significant changes in the workplace or work processes.
Failure to comply with these legal requirements can result in enforcement action by the Health and Safety Executive (HSE) or local authorities, including issuing improvement notices, prohibition notices, and even prosecution in serious cases.
Best Practices
While meeting legal requirements is essential, adopting best practices in risk assessment can significantly enhance workplace safety and health.
Below we outline the top 10 best practices when undertaking risk assessments:
1. Involving employees and engaging workers in the risk assessment process is important as they often have valuable insights into potential hazards and practical control measures.
2. Use a systematic approach to undertake risk assessments by ensuring all aspects of the work environment, people and work activities are considered.
3. Use a variety of methods through different techniques such as workplace inspections, task analysis, and accident data reviews to identify hazards comprehensively.
4. One size does not fit all as small businesses with relatively few hazards can be a relatively straightforward process based on informed judgement and using appropriate guidance. Medium or big businesses however with larger workforce or in high hazard environments, will need to adopt a more sophisticated approach and may need specialist advice for some areas of risk assessment.
5. Use a risk matrix or similar tool to rank risks based on their likelihood and potential severity, focusing resources on the most significant hazards.
6. When determining control measures, follow the hierarchy of controls: elimination, substitution, engineering controls, administrative controls, and personal protective equipment (PPE).
7. Maintain records by writing down risk assessments which include a description of the task, process or environment assessed, the people who are exposed or affected by hazards, the findings, actions taken and ongoing control measures.
8. Regularly review risk assessments thinking about how you can achieve continuous improvement by considering factors such as changes in work processes, new equipment, or incidents that have happened.
9. Ensure those undertaking risk assessments are competent and properly trained in risk assessment techniques and relevant health and safety regulations. Also, ensure that risk assessments consider the training and competence needs of those undertaking or impacted by tasks.
10. Effectively communicate the results of risk assessments and control measures to all relevant stakeholders, including employees, contractors, and visitors.
Modern day risk assessments can draw on large databases of information such as, past historical events, disasters or legal precedents much of which will help develop safer working environments across the country. If we also consider that modern technology, the use of data, statistics and more increasingly AI, will allow us to turn risk assessments into a calculated and scientific process that will only ever improve with each new advance.
Although some risk assessments can appear very complex, we humans have been doing these for a long time like, avoiding dangerous animals, not touching fire or more recently putting seat belts on in cars. In fact, we have survived as a race because of doing risk assessments although these were not necessarily sophisticated or written down in the format we know today.
Take a look at Arinite Fact sheet 360 Risk Assessment which is a simple one pager that explains the risk assessment process.
Conclusion
By adhering to legal requirements, implementing risk assessment best practice and using technology, organisations can create safer workplaces, reduce accidents and ill-health, and foster a positive safety culture. Risk assessments are not just a legal obligation but a fundamental aspect of responsible business management that protects workers, enhances productivity, and safeguards an organisation's reputation.
Contact us
Arinite clients worldwide appreciate we provide practical, no-nonsense advice about what you need to do to establish and maintain a safe and healthy working environment.
Our team of health and safety consultants take pride in keeping health and safety simple.
If you need to call upon our expert assistance, or just for an informal chat, please call our office +44 207 947 9581, or type an enquiry to: https://www.arinite.com/contact-us/.
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